KAUFFMANN NATURALIZATION CASE, 394 Pa. 625 (1959)

148 A.2d 925

Kauffmann Naturalization Case.

Supreme Court of Pennsylvania.Submitted January 6, 1959.
March 16, 1959.

Citizenship — Aliens — Naturalization — Claiming exemption from military service — Effect — Selective Service Act of 1948, 62 Stat. 604 — Immigration and Nationality Act of 1952, 66 Stat. 242.

In this appeal by the United States of America from a decree admitting an alien to citizenship, in which it appeared that in 1950 the alien applied for and obtained exemption from military service in the Armed Forces of the United States with knowledge that the Selective Service Act of 1948, 62 Stat. 604, 50 U.S.C.A. app. § 454(a) provided that his claim for exemption “shall thereafter debar the claimant from becoming a United States citizen”, that this same provision was included in the Immigration and Nationality Act of 1952, § 315(b), 66 Stat. 242, 8 U.S.C.A. 1426(b); that under the 1951 amendment of the Selective Service and Training Act of 1948 the alien became subject to military service and was drafted into

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the United States Army and was subsequently honorably discharged for physical disability, it was Held, under all the circumstances of the case, that the court below had properly admitted the alien to citizenship.

Before JONES, C. J., BELL, MUSMANNO, JONES, COHEN, BOK and McBRIDE, JJ.

Appeal, No. 8, January T., 1959, from order of Court of Common Pleas of Delaware County, Petition No. 9912, in re petition for naturalization of Harry Kauffmann. Order affirmed.

Same case in court below: 13 Pa. D. C.2d 788.

Proceedings on petition for naturalization.

Adjudication entered allowing petitioner to become citizen of the United States after administration of proper oath, and order entered, opinion by SWENEY, P. J. Federal government appealed.

Mabel G. Turner, Assistant United States Attorney, and Harold K. Wood, United States Attorney, for appellant.

Donald W. Lehrkinder, for appellee.

OPINION PER CURIAM, March 16, 1959:

The Federal Government has appealed from a decree of naturalization entered by the Court of Common Pleas of Delaware County. Our study of the problem presented impels the conclusion that the opinion of President Judge SWENEY for the court below correctly and satisfactorily disposed of the question raised by the appellant. Accordingly, the decree is affirmed on the opinion for the court below reported in 13 Pa. D. C.2d 788.

Order affirmed.

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